What is the duty of appointed counsel to disclose the fraud of an allegedly indigent
client?

Facts

1. An attorney is appointed to represent the defendant in a criminal case after the
defendant has signed a sworn statement under oath that he is indigent and has insufficient
funds to hire an attorney. In talking with the defendant, the attorney discovers the
defendant is not in fact indigent and could pay for retained counsel. The attorney also
learns the defendant was not indigent when he signed the request for appointed counsel.
May the attorney inform the court of this circumstance?

2. Same basic fact situation as above, except that the defendant is unemployed at the
time counsel is appointed for him, and subsequently during the pendency of the criminal
case obtains employment which would enable him to employ retained counsel. May the
attorney inform the court of this situation?

Conclusion

In both cases the answer is clear. Section 3.03(a)(2)
of the Texas Rules of Professional Conduct requires a lawyer to disclose a fact to a
tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act and Section 1.05(f) requires a lawyer to reveal confidential
information when required to do so by Rule 3.03(a)(2).